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U.S. Fish and Wildlife Service

Approved Permit #CFDA 15.681

1Plan of Operationsfor Cooperative Agricultural Agreement

(Bay Pastures Unit)

By and Between

The U.S. Fish and Wildlife ServiceOregon Coast National Wildlife Refuge Complex

Nestucca Bay National Wildlife Refuge

and

COOPERATOR NAMECOOPERATOR ADDRESS

I. PURPOSE

The purpose of this Plan of Operations is to outline the terms and conditions of the Cooperative Agricultural Agreement (CAA) by and between the United States Department of Interior, Fish and Wildlife Service (Service) and [Title of Cooperator] (Cooperator). This Plan of Operations, in conjunction with Approved Special Use Permit #, is the Cooperator’s authorization for access and use of lands and resources on the Bay Pastures Unit (Fields 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12) of the Nestucca Bay National Wildlife Refuge (Figure 1). The Nestucca Bay National Wildlife Refuge (Refuge) is administered by the U.S. Fish and Wildlife Service.

Under the CAA, the Cooperator will have the exclusive rights to employ grazing and haying on 93.58 acres of the Refuge from April 15 to October 31 for the benefit of wintering Canada geese. This Plan of Operations for the Refuge is a step-down plan of the Comprehensive Conservation Plan (CCP) for the Nestucca Bay National Wildlife Refuge (USFWS 2013). The plan provides management direction for pastures of the Refuge by focusing on important groups of wildlife and their associated habitats identified in the CCP planning process. The prescriptive grazing and haying activities were determined to be a compatible use. Grazing and haying are habitat management tools consistent with the Service’s Biological Integrity, Diversity, and Environmental Health policy (603 FW 3) which may be used to meet resource management objectives on units of the National Wildlife Refuge System (6 RM 9.1).

This Plan of Operations will guide the management, protection, and restoration of pasture habitat on the Refuge while integrating goals and objectives with other pertinent landscape scale plans. This long-range plan will be evaluated after five years but may be updated more frequently as better management information is developed or resource priorities change.

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This plan also defines the process by which the grazing and haying program will be administered and further delineates the requirements and restrictions of a Cooperative Agricultural Agreement and associated share-in-kind services (620 FW 2).

II. BACKGROUND

The U.S. Fish and Wildlife Service established the Nestucca Bay National Wildlife Refuge in 1991, in part, to protect and enhance habitat on agricultural lands for wintering geese and other migratory birds. The Refuge currently consists of 1,010 acres, of which 346 acres are actively managed as pasture habitat for geese and other waterfowl. These pasturelands receive sustained waterfowl use from fall through spring and provide quality forage, which improves waterfowl health and survival. Approximately 6,000 to 10,700 Canada geese of six subspecies, including the delisted Aleutian Canada goose and up to 18% of the world’s population of the dusky Canada goose (a Federal species of special concern), winter within Refuge boundaries (Stephensen and Nelson 2017). Recently, an increase in the number of wintering geese in the Nestucca Bay area has caused some depredation concerns among dairy farmers.

The purpose of grazing, mowing, haying, and green chopping (cutting silage for dairy cattle) on the Refuge is to effectively provide short grass habitat needed by wintering Canada geese. Grasslands on the Refuge are managed as pasture to provide forage habitat for migratory and wintering waterfowl, primarily Aleutian and dusky Canada geese. Carefully managed grasslands will continue to provide a significant source of the forage requirements of Canada geese on the Refuge. The positive and negative effects of grazing and haying programs are explored in depth in the Refuge CCP (USFWS 2013).

Our goal is to minimize depredation on private pasturelands by maximizing waterfowl use on Refuge lands. Refuge pasture management is based on recognition of the importance of short grass habitats to geese and a commitment to habitat protection for the mutual benefit of wildlife and the local dairy industry. Current management practices will continue to be followed under the CCP’s management direction. A desirable mixture of orchard grass, annual rye, and white clover is maintained at a maximum of 2'' to 4'' in height by October 31 through mowing, haying, green chopping (silage), and grazing livestock (cattle). Short grass (2'' to 4'') is the preferred habitat and desired vegetation height of foraging Canada geese. Refuge pastures are tested periodically to determine soil condition and fertilizer needs to ensure proper growth and health of desired plant species. In addition, invasive plant species are controlled using appropriate IPM techniques including mechanical/physical, chemical, biological, and cultural means so as not to compete with desired plant species. Nuisance mammals (e.g., nutria, beaver) are controlled, under the direction of the Project Leader, to protect dikes and ditches using appropriate lethal and non-lethal methods as described in the Integrated Pest Management section of the CCP.

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Geese are surveyed annually at the Nestucca Bay National Wildlife Refuge and surrounding areas from October to April. The goose data collected are used to determine the daily mean number of geese per acre, or “goose use”, for each pasture. In addition, assessments of pasture condition, forage availability, and plant species composition are conducted to determine status and condition of each Refuge pasture. The goose use and pasture assessment data are analyzed together to show goose density in relation to pasture condition. Objective 1.1 in the CCP states that the Refuge will protect and maintain lowland pastures for the benefit of wintering Canada geese (USFWS 2013). Lowland pastures vegetation are managed to maintain a pasture mix of orchard grass, annual rye, and white clover with <10% cover of invasive/undesirable plants (e.g. reed canarygrass, Himalayan blackberry, and Juncus spp.). Additional management actions are triggered if these target conditions are not met.

Share-in-kind services also vary between units to meet management objectives. Full acreage may not be available every year because of habitat management or restoration activities and adjustments to monthly rental use values will be made accordingly. In all grazing units, Cooperators are responsible for repairing or constructing fences before moving cattle onto fields and maintaining fences to restrict cattle to approved grazing areas.

III. AUTHORITIES

National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act (16 U.S.C. § 668ddee)

National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57 Migratory Bird Conservation Act of 1929 (16 U.S.C. § 715i) Refuge Revenue Sharing Act of 1935 (16 U.S.C. § 715s; 92 Stat. 1319) Endangered Species Act of 1973, 16 U.S.C. § 21531 - 1544 Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j Fish and Wildlife Coordination Act (16 U.S.C. 661-667e) Federal Grant and Cooperative Agreement Act (31 U.S.C. 6301–08). 505 Departmental Manual (DM) 2, Procurement Contracts, Grant and Cooperative

Agreements. National Wildlife Refuge System Regulations, Economic Uses and Cooperative Land

Management (50 CFR 29.1-2 (1960)). Service Manual, 620 FW 2, Cooperative Agriculture Use

IV. AREAS INCLUDED IN THIS AGREEMENT

During the term of this CAA, the Cooperator shall have exclusive rights to hay and graze 93.58 acres on the Bay Pastures Unit of the Refuge (Figure 1). Haying and grazing on such acreage as is described in Appendix 1 (Annual Work Plan) attached hereto and incorporated.

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V. OBLIGATIONS OF THE COOPERATOR

A. Habitat Management Objectives: Wildlife, especially Canada goose use, is the primary purpose for all pasture management on the Refuge. Harassment (hazing) of any wildlife under any circumstances on any Refuge land is strictly prohibited. Based upon an approved Annual Work Plan, the Service shall provide to the Cooperator exclusive forage removal on a portion of Nestucca Bay National Wildlife Refuge. The Cooperator shall provide the number of cattle and other equipment necessary to meet grassland management objectives within an agreed upon time frame. Grassland objectives are outlined further in Appendix 3.

The Service will make available excess forage to the Cooperator for grazing, haying and/or silage harvest. Rotational grazing, haying, and silage cutting will be the acceptable methods used to remove excess forage to achieve the desired grass height. The Cooperator shall also provide a sufficient number of personnel needed to move cattle between fields to utilize the rotational grazing system. The methods and field locations for forage harvest will be identified in the Annual Work Plan. Any changes of field utilization during the season will be recorded as an Amendment to the Annual Work Plan.

Maintenance or improvement of fields and other habitat will be determined by the Project Leader, in consultation with the Cooperator, and may include fertilizing, aerating the soil, clearing debris deposited by winter floods, disking, tilling areas adequately to prepare the soil for field planting, herbicide application, and haying of grazing units.

B. Facility Maintenance Objectives: Based upon an approved Annual Work Plan, the Cooperator will accomplish certain facility management projects within a predetermined time frame. The Service and Cooperator may supply materials, equipment and labor to accomplish certain facility management/maintenance projects as prescribed by the Project Leader in the Annual Work Plan. These projects may include maintenance or improvements of existing facilities or installation of new facilities. Projects may include: fence installation, repair, or removal, field re-seeding and rehabilitation, dike repair, ditch cleaning, water control structure installation, sign repair or installation, gate installation, road maintenance, building and well maintenance, and vegetation control. All improvements made to the Refuge as a result of this CAA become property of the United States.

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C. Expected Wildlife Benefit: All management projects conducted will have direct benefits to fish and wildlife on Nestucca Bay National Wildlife Refuge. These benefits will continue to be documented and monitored by the Service. Benefits anticipated as a result of this agreement include: providing short, green forage for migrating and wintering geese; improvement of grassland vigor; and management of freshwater wetlands and riparian habitats.

D. Shared Personnel: Each party agrees to provide personnel at a level appropriate to its role in planning, implementation, and oversight of the projects. Such a share-in-kind principle will assure that both parties will receive mutual benefits from the management of Nestucca Bay National Wildlife Refuge.

E. Pest Control: Any application of herbicides, pesticides, or bio-controls on the Refuge must be approved in advance by the Service. The Service’s approval process begins with a request submitted by the Cooperator which must include documentation of the problem, proposed application dates, amounts, methods, and chemicals requested for use. The request should be submitted concurrent with the Annual Work Plan and will include a completed pesticide use record sheet for the previous season. The Service will notify the Cooperator when and if approval is received. No restricted use chemicals will be permitted for use on the Refuge. All chemical application must be done in accordance with the Oregon Department of Agriculture and Service regulations, and label instructions.

Proposed allowable herbicides are:

1. Glyphosate in the Rodeo® (Dow) or Aquamaster® (Monsanto) type formulation (no surfactant included) with LI-700® (Loveland Products) added as the surfactant.

2. Triclopyr (triethylamine salt, or TEA). A trade name for triclopyr is Renovate® 3. The TEA formation of triclopyr is registered for use in aquatic or riparian environments.

3. 2,4-D aquatic liquid formulation containing the dimethylamine salt of 2,4-D (Trade names include DMA® 4 IVM).

Use of fungicides and insecticides will not be allowed under this agreement. An approved Pesticide Use Plan (PUP) is required before pesticide application and Cooperator is required to follow the associated guidelines. The Cooperator shall provide the Project Leader (or designee) with product labeling and/or the Safety Data Sheet 60 days prior to use to provide adequate time to determine approval or disapproval of the product. Neonicotinoid chemical cannot be used. The Cooperator may be required to

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post fields and/or provide maps (GPS coordinates) after pesticide application. The Cooperator is required to report pesticide use by December 31.

Neonicotinoids are a class of chemicals which are toxic to invertebrates and should not be used on Refuge lands per Service policy. Neonicotinoid chemicals are marketed and distributed in various forms including sprays, powders, and seed treatments. Active ingredients include acetamiprid, clothianidin, dinotefuran, imidacloprid, nithiazine, sulfoxaflor, thiacloprid, and thiamethoxam.

F. Refuse: Refuse may not be dumped, stored or otherwise disposed of on Refuge lands without the permission of the Project Leader. Hay may not be stored on the Refuge.

G. Damage: The United States shall not be responsible for any loss or damage to property; or injury to the Cooperator or the Cooperator’s representatives; or for any damages or interference caused by wildlife or employees or representatives of the Government carrying out their official responsibilities. Upon termination of this CAA, the Cooperator shall leave the fields in as good order and condition as when received except for (a) alterations approved by the parties for restoration and management improvements, and (b) reasonable wear, tear or damage occurring without fault or negligence, including without limitation flood damage. Cooperator shall be responsible for repairing damage to any government owned fields, roads, dikes, equipment or facilities, beyond normal wear and tear, resulting from their use of the Refuge.

H. Fencing and Ditches: Any changes or additions to fencing or ditches must be approved in advance by the Project Leader. Ditch maintenance may be completed only with the written approval of the Project Leader. Ditches will be inspected by the Service annually or as requested by the Cooperator to determine maintenance needs. Any significant deepening or widening of field ditches is under the jurisdiction of the Army Corps of Engineers and can only be permitted after consultation with National Marine Fisheries Service and application for and receipt of Section 10 and 404 permits.

I. Soil Testing and Fertilization: Soil testing, liming and fertilization are assigned a Work Value; however, costs must be approved in advance by the Project Leader. Soil testing will take place as deemed necessary to determine if there is a need for soil supplements (fertilizer or lime).

J. Operating Rules and Laws: The Cooperator shall keep the Unit(s) in a neat and orderly condition at all times, and shall comply with all municipal, county, and State laws applicable to its operations under this CAA as well as all Federal laws and regulations governing National Wildlife Refuges. The Cooperator shall comply with all instructions issued by the Project Leader applicable to this CAA. Other pertinent provisions include:

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As stated in the code of federal regulations “disturbing, injuring, spearing,

poisoning, destroying, collecting or attempting to disturb, injure, spear, poison, destroy or collect any plant or animal on any national wildlife refuge is prohibited…” (50 CFR 27.51)

The Endangered Species Act of 1973 (16 U.S.C. 1531-1544) “prohibits unauthorized taking, possession, sale, and transport of endangered species” or any part thereof.

All Refuge gates will be closed and locked at the end of each day as the Cooperator leaves the field.

Cooperator will exercise care to prevent fire and will assume responsibility for fire which results from the Cooperator’s operations.

The use of firearms or other weapons is prohibited on Refuge lands except as authorized by Project Leader (or designee).

Stocking rates may be altered during the season should pasture conditions warrant, dependent upon judgment of Project Leader (or designee).

Project Leader (or designee) needs to be notified three days in advance of the date cattle are to be turned in or removed from the Refuge.

Animals will be contained in assigned units. Fences must be maintained by the Cooperator, and shall be inspected and repaired before cattle are moved onto the Refuge. Any permanent fence constructed on National Wildlife Refuge System lands will become property of the Service.

The Cooperator shall comply with livestock health and sanitation regulations of the state of Oregon, where applicable.

The Service reserves the right to modify or terminate the CAA if habitat conditions warrant.

All liability relating to livestock and livestock management to include all persons working for the Cooperator, whether related, hired, or as a partner is strictly that of the Cooperator as listed on the CAA.

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The Cooperator must have or acquire liability insurance that covers the livestock being grazed on Service lands. A copy of the liability insurance must be provided to the Project Leader (or designee).

Cooperator is responsible for removing dead livestock carcasses from the Refuge. Cooperator must notify Project Leader (or designee). All carcasses must be removed within 24 hours, unless other arrangements have been made with the Project Leader (or designee).

All equipment for grazing, including ATVs and UTVs, must be clean and free of invasive species plant material including seeds before entering any Refuge or Service easement. The Project Leader (or designee) reserves the right to inspect and deny the use of any equipment/vehicle/horse etc. that appears to contain invasive species plant material or seeds.

Equipment must meet all safety regulations and must be in good working condition.

Cooperator is responsible for any spill cleanup resulting from equipment operations. Any spill resulting in the release of more than 1 gallon into the environment needs to be reported immediately to the Project Leader.

Any livestock management action including branding or dehorning on Service land must be approved by the Project Leader (or designee).

Use of minerals (salt or protein) will be allowed. Cooperator must provide product labeling to the Project Leader (or designee) for approval prior to use. Minerals must be in a container that minimizes spillage and are easily moved and placed as required by the Project Leader (or designee).

Grazing supplements (such as salt and mineral blocks, liquid, and protein) are acceptable with approval of the Project Leader. If mineral or salt blocks contain insecticides, a PUP is required. All other types of supplemental feeding are not permitted (6 RM 9.14).

Haying and grazing privileges may not be sold, transferred, or sublet by the Cooperator to second parties (6 RM 9.7(A)). In the event of death of the Cooperator during the CAA period, an heir, who is otherwise qualified and desires to receive the deceased Cooperator's privileges, may receive a new CAA issued in the heir's name.

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A Cooperator may take legal arrangements with a third party for the management of the Cooperator’s permitted livestock or mowing under an agent or a manager relationship. When such an arrangement is made, the Cooperator retains full responsibility for compliance with the provisions and requirements specified in the grazing or haying agreement, and all applicable federal regulations (6 RM 9.15).

Non-use of grazing or haying privileges, in whole or in part, shall be cause for cancellation of a Cooperator's privileges at the discretion of the Project Leader unless non-use has previously been approved. Non-use of fields, in whole or in part, may be authorized by the Project Leader for resource protection, research projects, or other purposes. Non-use for the convenience of the permit holder will normally not be approved unless there are extenuating circumstances which would warrant such approval. Extreme weather conditions such as fire or floods are examples of extenuating circumstances.

Cooperator failure to comply with the terms of the CAA is enforceable under current federal regulations and may result in cancellation of the CAA.

The Cooperator will immediately notify the Service should any trespass or migratory bird hunting violations be observed at Nestucca Bay National Wildlife Refuge.

The Cooperator will allow only himself/herself and his/her immediate workforce onto the Refuge. Only those persons directly associated with pasture management operations shall be allowed access to the Refuge.

All farming equipment is to be removed from the Refuge by October 31 each year, unless specifically authorized by the Project Leader.

All trash associated with the Cooperator’s operations will be removed on a daily basis.

The Cooperator is responsible for safeguarding all farming equipment used on the Refuge. It is advised that all equipment be locked daily to reduce the risk of vandalism and theft. Approval by the Project Leader is required prior to storing equipment on the Refuge.

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Horses and personal ATVs may be used to herd cattle on Refuge lands. Supplemental hay or other feed is not allowed for horses. Per Service policy, appropriate safety equipment, including helmet, gloves, and heeled boots, must be worn when driving an ATV.

Use of Refuge Equipment: In some instances, the Cooperator may use Refuge equipment, such as herbicide sprayers or farming implements, to accomplish in-kind services. Refuge equipment may be used only when the Project Leader has authorized the use of the equipment and it is not in use for other Refuge activities. Refuge equipment must remain on the Refuge and be used only for approved in-kind services. Equipment must be returned in the condition in which it was received.

Cooperators are responsible for ensuring fences are sufficient to keep cattle within permitted fields. Cattle allowed to escape from grazing areas onto other Refuge lands will be considered trespass cattle. Cattle not returned to appropriate fields within 24 hours will be subject to impoundment or fine. Three incidences of cattle escaping during a grazing season may result in termination of the CAA.

If some animals are left behind when cattle are removed from the Refuge at the end of the grazing season, the Cooperator has five days to remove the remaining cows. Failure to do so could result in impoundment of cattle, fine, loss of proposal privileges, and/or termination of the CAA.

K. Remedies and Nonperformance: Either party shall have the right to enforce this CAA by

any available remedy under the laws of the United States or the State of Oregon, as applicable. Failure of the Service to insist upon a strict compliance with any of the terms, conditions and requirements of this CAA shall not constitute a waiver or be considered as a giving up of the Service right to thereafter enforce any of the CAA's terms, conditions or requirements.

If the Cooperator is unable to accomplish annually agreed upon management projects because of circumstance or weather, payment based on annually agreed upon forage removal rates will be paid to the Service by December 31 of each year, unless both parties agree to carry over the financial or functional responsibilities of either party to the following year. Any payment due shall be made out to U.S. Fish and Wildlife Service and mailed to the address listed in section XIIII.

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L. Water: This section of the Refuge does not have water rights or available water for human or livestock consumption. If water is needed, the Cooperator is responsible for transporting or gaining access from local water supplies.

VI. OBLIGATIONS OF THE SERVICE

A. Provide access to the Bay Pastures Unit during production and harvest season, and any other areas agreed to in writing by the Refuge and the Cooperator, as further described in section VIII and outlined in the Special Use Permit.

B. Provide temporary parking area for Cooperator equipment during production and harvest seasons as outlined in the Special Use Permit.

C. Will not hold Cooperator liable for crop loss or failure to meet share-in-kind obligations due to natural disaster. Natural disasters include flooding (including irrigation ditch failure), hail, wind (excess of 60 mph) or the ability to irrigate due to the lack of water.

D. Monitor vegetation height at the end of the production season to determine if short grass management conditions are met.

VII. COORDINATION BETWEEN THE SERVICE AND THE COOPERATOR

A. Notification: The Service will give the Cooperator one week notice of any planned public use or management activities that may interfere with operations. The Cooperator will notify the Service immediately of any incidents that may affect the health and safety of any person or wildlife.

B. Regular Communication: The Refuge and the Cooperator will communicate on a regular basis to ensure that the terms and conditions of the CAA are being met.

C. Annual Work Plan: The Project Leader or their designee shall prepare an Annual Work Plan with which the Cooperator shall comply. The Project Leader (or designee) will directly oversee implementation of the Annual Work Plan. A meeting between the Service and Cooperator to develop the plan will be held in March of every year to determine operations on the Refuge for the year. The Cooperator may not conduct operations until the plan has been agreed and signed by the Service and Cooperator.

VIII. ACCESS & STORAGE

A. The Cooperator will be responsible for routinely maintaining an access route.

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B. All haying and grazing must be completed by October 31, unless an extension of agreement time is given. Extensions must be requested in writing by the Cooperator within thirty days of the lost time and before the termination date of the agreement.

C. Access provided to the Cooperator may be limited as deemed necessary for wildlife management or public safety reasons by the Project Leader. The Cooperator will be notified prior to these restrictions.

D. All Cooperator motor vehicles utilized on refuge lands will be registered and licensed in compliance with State laws and Federal regulations.

E. The Cooperator shall pay the United States of America for any unnecessary damage resulting from the operations herein permitted, and shall repair all damage to roads, trails, ditches, and other improvements.

F. The Cooperator will do all in his/her power to prevent and suppress accidental non-prescribed fires caused by the Cooperator, and will be held liable for damages and suppression costs resulting from Cooperator-caused fires, except as may otherwise be allowed under State or Federal laws.

G. Storage of oil or gas products by the Cooperator will not be permitted on Refuge property. The Cooperator will take appropriate preventative measures to insure that any spill of oil or gas products does not enter any stream or other waters, and will report any such spill to the Refuge. Cooperator is responsible for any cleanup costs associated with any spills.

IX. RECITALS

A. The Service established the Nestucca Bay National Wildlife Refuge for the purpose of protecting high quality coastal habitats for threatened Aleutian Canada geese, dusky Canada geese, a variety of other migratory waterfowl, shorebirds, raptors, songbirds, anadromous fish, and other wildlife while preserving part of Oregon’s biodiversity.

B. Grasslands on Nestucca Bay National Wildlife Refuge are managed as pasture. A desirable grass mixture is maintained at 2” to 4” in height, to provide foraging habitat for migratory and wintering waterfowl, primarily Aleutian and dusky Canada geese.

C. Managing lands by grazing, haying, mowing, and cutting silage is an effective way of providing the short grass habitat needed and preferred by the geese.

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D. Boundary and internal fencing, associated access points, and trails are generally required to produce site specific grazing management, allow access to infrastructure, and provide wildlife census routes.

E. The Refuge Administration Act, 16 U.S.C. § 715i, authorizes the Secretary to enter into agreements with public and private agencies and individuals. Such agreements are also approved under the National Wildlife Refuge System Improvement Act of 1997 (Public Law 105-57-Oct. 9, 1997).

F. Part 620 Habitat Management Practices, Chapter 2 Cooperative Agricultural Use: Service policy is to use cooperative agriculture as a habitat management tool only in situations where we cannot meet our resource management objectives through maintenance, management or mimicking of natural ecosystem processes or functions. We implement cooperative agriculture on Refuge lands through an open, competitive process, using a CAA between the Service and a Cooperator.

G. Managing grasslands on Nestucca Bay National Wildlife Refuge with a Refuge Cooperator is consistent with the intent of a CAA. Wildlife receive 100% of the crop in the form of short, green browse available to foraging Aleutian and dusky Canada geese from October 31 through April 15. Every acre of managed grassland is available to wildlife because it is grazed, mowed, hayed, or greenchopped. Unmanaged lowlands tend to produce tall, rank stands of grasses and forbs that ultimately convert to meadows of rush (Juncus spp.) and are not as heavily utilized by geese. The Cooperator also gets a share of the crop in the form of cattle forage and /or silage during the summer months when the geese are not present.

H. The Refuge Cooperator will provide resources to the Refuge to assist in other management activities associated with these lands. The Cooperator combined with Refuge personnel and resources working together will provide enhanced overall management of Nestucca Bay National Wildlife Refuge.

I. The Cooperator has shown a willingness to work with the Service and has the expertise and resources necessary to cooperatively manage assigned units of the Refuge.

J. This agreement does not imply or establish a use precedent. Future use of this area will be based upon the most satisfactory use of the land for wildlife benefits, habitat management needs, administrative needs, and Cooperator performance.

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K. The Cooperator agrees to perform habitat maintenance equal to or greater than the economic value of the assigned rental rates as assigned in Annual Work Plan (see Appendix 1).

L. All improvements made to the Refuge as a result of this CAA become property of the United States.

M. The completion of defined land management activities by the Cooperator will provide direct and substantial overall benefits to Refuge habitats and the associated wildlife.

X. GENERAL TERMS AND CONDITIONS

In addition to the General Terms and Conditions outlined in the Approved Permit #, the following apply:

A. Use Limitations. The Cooperator’s use of the described land is limited to the agricultural purposes indicated, and does not, unless provided for in this Agreement, allow him/her to restrict other authorized entry to, or use of, this area including activities by the Service necessary for (1) protection and maintenance of the premises and adjacent lands administered by the Service and (2) the management of wildlife and fish using premises and other Service lands.

B. Depredation Claims. At no time during the term of this contract shall the Cooperator claim any depredation damage to agricultural crops growing, harvested, or stored pursuant to this Agreement by state or federally listed or designated threatened, endangered, or listed wildlife species protected under Chapter 17 NMSA. Depredation caused by other species shall be reasonably addressed by the Cooperator and Project Leader.

C. Operations. The Cooperator shall keep the premises in a neat and orderly condition at all times, and shall comply with all municipal, county, and State laws applicable to this operations under this agreement as well as all Federal laws and regulations governing National Wildlife Refuges and the areas described in this Agreement. Cooperator shall comply with all instructions applicable to this Agreement issued by the Project Leader. Cooperator shall take all reasonable precautions to prevent the escape of fires and shall render all reasonable assistance in the suppression of fires on the Refuge.

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D. Modifications. Modifications to this Agreement shall be made in writing, with the mutual consent of the Cooperator and the Project Leader.

E. Amendments. The Service or the Cooperator may initiate an amendment to this CAA to ensure the Refuge meets its resource management objectives or to ensure that the Cooperator is attaining his/her incentives for engaging in cooperative agriculture on National Wildlife Refuge lands. These amendments must be mutually agreeable to both parties and within the scope of the existing CAA.

F. Assignment. The rights and obligations of the Cooperator set forth in this Agreement to carry out particular requirements of the Agreement may be assigned, in part, by the Cooperator to a third party with written consent from the Project Leader, although the Cooperator will be held ultimately responsible for insuring all conditions of this Agreement are met in full. Any deviation from these conditions will result in immediate revocation of this Agreement.

G. Termination Policy. The Service or the Cooperator may terminate the CAA within 60 days’ notice if either party is not carrying out their roles and responsibilities under the CAA. Additionally, the Service may terminate the CAA immediately if necessary to protect human or wildlife health or safety.

H. Renewal Policy. After the term of the CAA has ended, the Service may review the cooperative agricultural opportunity for renewal. If the Service plans to renew it, we must publish a notice and award the CAA again using the competitive process described in Service Policy (620 FW 2.11).

I. Officials Barred From Participating: No member of or Delegate to Congress shall participate in any part of this CAA or to any benefit that may arise from it, but this provision shall not pertain to this CAA if made with a corporation for its general benefit.

J. Nondiscrimination in Employment: The Cooperator agrees to be bound by the equal opportunity clause of Executive Order 11246, which is made part of this CAA.

XI. PERIOD OF PERFORMANCE

The CAA shall become effective upon being executed by both parties and shall continue for a period of 5 (five) years from the date of execution. The growing season, for the purposes of this CAA is from April 15 through October 31. The haying and silage cutting season shall be from April 15 to October 31. Specific on and off dates for cattle grazing will be determined on an

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annual basis and will be listed in the Annual Work Plan. Dates may be adjusted dependent upon the judgment of the Project Leader.

Either party may terminate its participation in this CAA upon 60 days written notice to the other party. Upon default or breach of this CAA by either party, the other party may immediately terminate all or part of this CAA by written notice to the other party.

XII. FUNDING INFORMATION

The Service will not provide any funds to the Cooperator to fulfill the terms of this agreement nor will the Service receive any funds from the Cooperator. This agreement is a share-in-kind program for the benefit of wildlife. The Cooperator will be charged the rate determined by competitive proposal when applicable and by adjustment to rates established through local rate surveys or statewide averages. Rates will remain constant for life of the CAA and will be updated every five years. The Cooperator will be credited for habitat and/or facility maintenance performed on the Refuge. Specific rates for work done, use of the fields, and a prediction of habitat maintenance expected from the Cooperator will be listed in the Annual Work Plan.

Share-In-Kind Values:

Fees and work values were derived from a combination of sources including Oregon State University Agricultural Extension agents, the Tillamook County Creamery Association, the Port of Tillamook, Oregon Department of Agriculture, commercial interests, the Cooperators, and Refuge personnel. Field use fee for regularly grazed or hayed fields will be a minimum of $10.50/acre/month.

Mowing of pastures or mechanical weed control will be valued at $25.00/acre Chemical weed control will be valued at labor costs ($15.00/hour), plus cost of herbicide

if not provided by the Refuge General maintenance work (fence repair, debris removal etc.) will be valued at

$15.00/hour Removal and new construction of a fence will be valued at $25.00/hr Ditch Cleaning or beaver dam removal with heavy equipment will be valued at $80/hr

with equipment >90 hp ($60/hr with equipment <90 hp)

Deductions from Base Rates

It is recognized that deductions will vary due to grassland accessibility, terrain, and poor forage. Additionally, the Service's grazing schemes usually involve more work, time, and cost to achieve the desired rotation to meet natural resource objectives. Deductions may be adjusted for

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localized conditions. These deducted amounts, and what they are used for, must be documented on the CAA. The rationale demonstrating how the Project Leader arrived at these deductions will be documented in the Refuge files.

XIII. REPORTING REQUIREMENTS

Based upon an Annual Work Plan (drafted and approved by both parties), the Service and Cooperator will provide resources and/or staffing necessary to accomplish specific management projects and objectives such as those outlined in Appendix 3. Any work to be done on Refuge facilities by contractors, or materials purchased for repairs or projects, must be approved in advance by the Project Leader. All work performed shall be documented with proper invoices, time sheets, billing statements, etc. Documentation of work completed by the Cooperator is to be maintained as the work is accomplished and submitted to the Project Leader by December 31, or upon request. XIV. MODIFICATION PROCEDURES

Modifications to this CAA shall be made in writing, with mutual consent of Cooperator and Service. The rights and obligations of the Cooperator set forth in this CAA to carry out particular project contributions may be assigned in part by the Cooperator to a third party with the consent of the Service Project Leader, except as noted here: this agreement provides for the utilization of grazing and the harvesting of hay and/or silage only for personally-owned livestock of the Cooperator.

If this agreement is for more than one year the conditions, including but not limited to acreage, herbicide use, etc., may be altered or modified annually, following the first year of operation. Changes in the agreement must be made prior to start of season and written in an Annual Work Plan, which is attached to and becomes part of the agreement. The Service must provide the Cooperator those changes to the agreement prior to March 15 by a written addendum. The Cooperator then has until April 1 to accept or turn down those changes. If the changes are agreed upon by the Cooperator, the addendum is signed and attached and becomes part of the agreement. If the changes are not accepted, the selection process will begin again.

XV. PROVISIONS

The address and contact person for each party shall be as set forth below, or such other address and/or contact person as may be provided from time to time by such party:

Kelly Moroney, Project Leader (or designee) Cooperator NameOregon Coast National Wildlife Refuge Complex Address2127 SE Marine Science Drive City, State Zip Code

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Newport, OR 97365 Telephone(541) 867-4550

IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agricultural Agreement.

USFWS: Cooperator:Project Leader Cooperator Name

By: By:___________________________

Date: Date:__________________________

References

Stephensen, S.W. and J.E. Nelson. 2017. Canada geese surveys at Tillamook County, OregonWinter 2016-17. U.S. Fish and Wildlife Service Unpublished Report, Oregon Coast National Wildlife Refuge Complex, Newport, Oregon 97365. 34 pp.

U.S. Fish and Wildlife Service (USFWS). 2012. Nestucca Bay National Wildlife Refuge draft Comprehensive Conservation Plan and Environmental Assessment. US Department of the Interior, Fish and Wildlife Service, Region 1, Portland, OR. 494 pp.

U.S. Fish and Wildlife Service (USFWS). 2013. Nestucca Bay National Wildlife Refuge Comprehensive Conservation Plan. US Fish and Wildlife Service, Oregon Coast National Wildlife Refuge Complex, Newport, OR and Pacific Northwest Planning Team, Portland, OR.

Definitions

Compatibility Determination: A written determination signed and dated by the Project Leader and Regional Chief (ARD NWRS) signifying that a proposed or existing use of a National Wildlife Refuge is a compatible use or is not a compatible use (603 FW 2.6A).

Compatible Use: A proposed or existing wildlife-dependent recreational use or any other use of a National Wildlife Refuge that, based on sound professional judgment, will not materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purposes of the National Wildlife Refuge (603 FW 2:2 .6B).

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Comprehensive Conservation Plan (CCP): A document that describes the desired future conditions for the next 15-years of a Refuge or planning unit and provides long-range guidance and management direction to achieve the purposes of the Refuge; helps fulfill the mission of the National Wildlife Refuge System; maintains and, where appropriate, restores the ecological integrity of each Refuge and the National Wildlife Refuge System; helps achieve the goals of the National Wilderness Preservation System; and meets other related mandates (603 FW 2:2.6C) .

Cooperators: An individual, business, or group authorized under the authority of a CAA to graze or hay a specific area of National Wildlife Refuge System land.

Existing Cooperator: A Refuge Cooperator to whom privileges were awarded in the most recent use period (6 RM 9.3A).

Grazing and Haying Management Unit: For the purpose of administering the grazing and haying program at a landscape level, Region 1 considers the entire Refuge or District as a "management unit". Project Leaders may further sub-divide the management unit into allotments to meet local needs.

Habitat Management Plan (HMP): A dynamic working document that provides Project Leaders a decision making process; guidance for the management of Refuge habitat; and long-term vision, continuity, and consistency for habitat management on Refuge lands. Each plan incorporates the role of Refuge habitat in international, national, regional, tribal, State, ecosystem, and Refuge goals and objectives; guides analysis and selection of specific habitat management strategies to achieve those habitat goals and objectives; and utilizes key data, scientific literature, expert opinion, and staff expertise (620 FW 1.4D).

Prescriptive Grazing and/or Haying: The planned application of domestic and/or indigenous herbivores (grazing) or mechanical harvesting of grass (mowing) at a specified season, duration, and intensity to accomplish specific vegetation management objectives. The objectives are designed to achieve the broader habitat and wildlife goals identified within an approved CCP or other management plan.

Project Leader: The official directly in charge of a Refuge or the authorized representative of such official. In the case of a National Wildlife Refuge Complex, this refers to the official directly in charge of the Complex. This term is synonymous with Refuge Manager (603 FW 2:2.60).

Refuge Management Economic Activity: A management activity on a Refuge that results in generation of a commodity which is, or can, be sold for income or revenue or traded for goods or services. Examples include: farming, grazing, haying, timber harvesting, and trapping (603 FW 2:2.6N).

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Figure 1. Nestucca Bay National Wildlife Refuge with field numbers.

Appendix 1. Annual Work Plan

Cooperator Name:CAA#:

Information for the 2019 Grazing Season:

The Cooperator is legally responsible and liable for their cattle. The Cooperator(s) is required to obtain insurance sufficient to cover all cattle and attach proof of insurance to the CAA.

The Cooperator will move cattle onto the Refuge after April 15 and remove by October 31, 2019 (unless stated otherwise below) and notify Project Leader (or designee) of impending move dates. The Cooperator will inform the Project Leader (or designee) of any remaining cattle after the move dates. In cases when not all cattle are removed on the specified move date, the Cooperator has 5 days after the move day to remove all cattle. The Cooperator is financially and otherwise responsible for moving cattle on and off the Refuge. The Cooperator is responsible for all fence maintenance. Prior to cattle being moved onto the Refuge, all fences associated with the grazing unit must be checked and repaired as needed. Fence replacement standard is as follows: 4 barbed wire strand fence with bottom wire 12”, top wire 46”, two strands in between evenly spaced, heavy duty T posts spaced 10 feet apart, and wooden posts every 40 feet. The Refuge will purchase or cover the cost of fencing materials.

Full acreage may not be available every year because of habitat management or restoration activities and adjustments will be made accordingly to monthly rental use values. The following is a list of Refuge fields, their rental values and expected habitat maintenance to be performed by the Cooperator during the 2019 growing season:

BAY PASTURES UNIT

Mow/graze as needed to provide a uniform grass height of between two and four inches by October 31st. The Cooperator will be notified two weeks prior in order to remove/relocate cattle.

FIELD ON DATE OFF DATE USE ACRES $/ACRE/MONTH TOTAL $*NB1 4/15 10/31 Graze 6.35 $10.50/6.5 Months $433.39*NB2 4/15 10/31 Graze 11.4 $10.50/6.5 Months $778.05*NB3 4/15 10/31 Graze 9.5 $10.50/6.5 Months $648.38

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*NB4 4/15 10/31 Graze 4.93 $10.50/6.5 Months $336.47*NB5 4/15 10/31 Graze 4.41 $10.50/6.5 Months $300.98*NB6 4/15 10/31 Graze 4.13 $10.50/6.5 Months $281.87*NB7 4/15 10/31 Graze 3.45 $10.50/6.5 Months $235.46*NB8 4/15 10/31 Graze 7.72 $10.50/6.5 Months $526.89*NB9 4/15 10/31 Graze 10.4 $12.50/6.5 Months $845.00*NB10 4/15 10/31 Graze 8.96 $12.50/6.5 Months $728.00*NB11 4/15 10/31 Graze 12.5 $12.50/6.5 Months $1,015.63*NB12 4/15 10/31 Graze 9.83 $12.50/6.5 Months $798.69

--------- -------------Totals 93.58 $6,928.81

TYPICAL HABITAT MAINTENANCE TO BE PERFORMED IN FIELDS:

Mow fields NB1-NB12 to provide a uniform grass height of between two and four inches (mow all vegetation) 93.58 acres @ $25.00/acre.........................................................................$2,339.50

Manure application to fields NB1-NB12 to increase soil fertility 93.58 acres @ 25.00/acre………………………………………………………………………………..$2,339.50

**Spot spray weeds in grazed fields to reduce infestation (93.58 acres @ $15.00/acre.)……………………………………………………………………………..$1,403.70

**Maintain fences, ditches, and beaver dam removal (estimated @ 30 hours of labor @ $15.00/hr)…………………………………………………………………..…...…...…….$450.00

Ditch cleaning with heavy equipment (estimated 5 hours @ $80 per hour)……………..$400.00

------------Total $6,932.70

------------

* Cooperators will be credited for habitat maintenance performed in the units the Cooperator utilizes unless otherwise specified by the Project Leader (or designee). Maximum number of cattle on NB1-NB12 will be determined based on 1 AUM/2 acres.

**Habitat maintenance will be adjusted based on the specific herbicide applied and fence repair materials depending on materials furnished.

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A spray record (Appendix 2) will be used for documentation of hours performed by the Cooperator ensuring that time spent on Refuge including chemicals sprayed and product used are recorded. Please remit the documented spray record to Oregon Coast National Wildlife Refuge Complex by December 31, 2019. The Refuge will purchase or cover the cost of herbicides.2019 STRUCTURE FOR FEES AND WORK VALUES

Fees and work values were derived from a combination of sources including Oregon State University Agricultural Extension agents, the Tillamook County Creamery Association, the Port of Tillamook, Oregon Department of Agriculture, commercial interests, the Cooperators, and Refuge personnel.

Field use fee for regularly grazed or hayed fields will be $10.50/acre/month. Fees will not be assessed twice if a field is both grazed and greenchopped within the month.

WORK VALUES

Mowing of pastures or mechanical weed control will be valued at $25.00/acre Chemical weed control or fertilizing will be valued at $15.00/acre Manure application will be valued at $25.00/acre General maintenance work (fence repair, debris removal etc.) will be valued at

$15.00/hour Specialized maintenance work (construction, fence building) will be valued at $25/hour Specialized equipment operation (i.e. excavator) will be valued at $80/hour with

equipment >90 hp ($60/hr with equipment <90 hp)

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Appendix 2. Reporting Forms

COOPERATIVE AGRICULTURAL AGREEMENT2019 PERFORMANCE VERIFICATION

Products Removed From The Refuge:(1) GRAZING

# of Animals

Field # Date On

Date Off

Total Days

AUD AUM Acres

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(2) HAY OR SILAGE

HAY SILAGE FIELD # DATE REMOVED

TONS ACRES CUT

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HABITAT MAINTENANCE WORK PERFORMED:

(1) Miscellaneous Work (i.e. fence, gate, water gap, etc.):

Date Job # People Hours\Feet Total Hours

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FINAL BALANCE:

REFUGE PRODUCTS USED MAINTENANCE PERFORMED # OF ACRES USED

$ PER ACRE

TOTAL COST

ACRES MOW OR SPRAY

$ VALUE PER ACRE

TOTAL VALUE

TOTAL ____________ TOTAL ____________

Value of acres used: ________________Value of habitat maintenance performed: ________________Value of miscellaneous repairs: _______________

TOTAL BALANCE _______________

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PESTICIDE USE REPORT

Pesticide Used Amount Used Acres treated Application Method

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Appendix 3.

List of Land, Water, and Facility Maintenance Projects and Objectives that may be mutually accomplished by the Service and the Cooperator under this agreement:

Grassland Management

Objectives: To provide quality forage for wintering and migratory Aleutian and dusky Canada geese, other waterfowl, and shorebirds. 1. It is the Cooperator’s responsibility to provide and/or maintain short grass pasture conditions (2-4 inch grass height as of Oct. 31 each year). Methods may include any of the following: grazing, spraying weed species, greenchopping, haying, mowing, fertilizing, liming, reseeding, and restoration.

2. Season of use will be approximately April 15 (turn in date to be determined by the Service) through October 31.

3. The Service does not guarantee the quality of the forage for livestock, however if pastures are dominated by non-forage plants (rushes, sedges, blackberry, etc.) the grazing fee will be adjusted annually based on percent of total pasture acreage affected.

4. Those pastures inaccessible due to standing water or pasture restoration will be subtracted from the total available acres for forage removal. Unless the affected acres are withdrawn due to a Service management decision based upon the most satisfactory use of the land for wildlife benefits, all attempts will be made to restore the pasture to a condition usable by the Cooperator.

Wetland Management

Objectives: To provide and maintain a diversity of habitat conditions including estuarine, freshwater and riparian wetlands for the benefit of fish and wildlife on Nestucca Bay National Wildlife Refuge.

1. Projects may include habitat restoration (upland, riparian, or wetland), or provision of

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supplies, materials, personnel, and equipment necessary to replace, install, or restore water control structures, wells, canals, dikes or levees.

Livestock Management Facilities

Objective: To provide or maintain necessary livestock management facilities such as fencing, gates, cattle guards, etc., in order to best accomplish land management objectives.

1. Cooperator shall comply with the livestock regulations of the State of Oregon relating to health and sanitation requirements.

2. Cooperator shall not run any diseased livestock on said lands; and will remove any dead livestock from Refuge within 24 hours after finding the animal or being notified by the Project Leader.

Facility and Other Maintenance

Objective: To provide or maintain the facilities of Nestucca Bay National Wildlife Refuge in a condition that allows for the best possible management. Either party may provide resources or personnel necessary to maintain or improve other existing facilities on Nestucca Bay National Wildlife Refuge, including roads, fences, gates, drainage ditches and water control structures, signs and buildings. All physical improvements (fences, gates, etc.) become property of the U.S. government.

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